HomeMy WebLinkAboutO-2003-2642
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ORDINANCE NO. 2003-J.f.J1f"
AN ORDINANCE AMENDING CHAPTER 74, "UTILITIES", ARTICLE IT,
"INDUSTRIAL WASTE", OF THE CODE OF ORDINANCES OF THE CITY OF
LA PORTE, SAID ARTICLE BEING THE INDUSTRIAL WASTE ORDINANCE
OF THE CITY OF LA PORTE, REGULATING THE DISCHARGE OF
INDUSTRIAL WASTE INTO PUBLIC SEWERS OF THE CITY OF LA PORTE,
TEXAS, PROMULGATING REGULATIONS AND ESTABLISHING CHARGES
FOR SERVICES RENDERED; PROVIDING THAT ANY PERSON VIOLATING
THE TERMS OF TIDS ORDINANCE SHALL BE DEEMED GUILTY OF A
MISDEMEANOR AND SHALL UPON CONVICTION BE FINED NOT TO
EXCEED TWO THOUSAND DOLLARS ($2,000.00), AS PROVIDED IN
APPENDIX B OF THE CODE OR ORDINANCES OF THE CITY OF LA PORTE;
EACH DAY OF VIOLATION SHALL BE DEEMED A SEPARATE OFFENSE;
CONTAINING SEVERABILITY AND REPEALING CLAUSES; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
WHEREAS, the City of La Porte, Texas, has provided facilities for the collection and
treatment of sewage to promote the health, safety, and convenience of its people and for the
safeguarding of water resources common to all, and
WHEREAS, provision has been made in the design, construction, and operating of such
facilities to accommodate certain types and quantities of industrial wastes in excess of, and
in addition to', normal sewage, and
WHEREAS, it is the obligation of the producers of industrial wastes to defray the cost of the
waste treatment services rendered by the City of La Porte in linear proportion to the cost of
the waste treatment facilities and of the operation and maintenance costs, utilized in treating
the industrial wastes, and
WHEREAS, proper protection and operation of the collection and treatment facilities may
require either the excluding, pretreatment, or controlled discharge at point of origin of
certain types or quantities of industrial wastes,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF LA PORTE:
Section 1. Chapter 74, "Utilities", Article II, "Industrial Waste", Sections 74-36
through 74-211, both inclusive are hereby repealed as of the effective date hereof, and
shall be replaced by the following new Chapter 74, "Utilities", Article II, "Industrial
Waste", of the Code of Ordinances of the City of La Porte:
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SECTION 1. GENERAL PROVISIONS
1.1 PURPOSE AND POLICY
This ordinance sets forth uniform requirements for users of the publicly owned
treatment works (pOTW) for the City of La Porte and enables the City of La Porte
to comply with all applicable State and Federal laws including the Clean Water
Act (33 V.S.C. 125Iet seq.), and the General Pretreatment Regulations (40 CFR
Part 403). The objectives of this ordinance are:
A. To prevent the introduction of pollutants into the POTW that will interfere
with operation of the POTW;
B. To prevent the introduction of pollutants into the POTW which will pass
through the POTW , inadequately treated into receiving waters or
otherwise be incompatible with the POTW;
C. To ensure that the quality of the wastewater treatment plant sludge is
maintained at a level which allows its use and disposal in compliance with
statutes and regulations;
D. To protect POTW personnel who may be affected by wastewater and
sludge in the course of their employment and to protect the general public;
E. To improve the opportunity to recycle and reclaim wastewater and sludge
from the POTW;
F. To provide for fees for the equitable distribution of the cost of operation,
maintenance, and improvements of the POTW; and
G. To enable the City of La Porte to comply with its TPDES permit
conditions, sludge use and disposal requirement and any other Federal or
State laws to which the POTW is subject.
This ordinance shall apply to all industrial users of the POTW. The ordinance
authorizes the issuance of wastewater discharge permits; authorizes monitoring,
compliance and enforcement activities; establishes administrative review
procedures; requires industrial user reporting and provides for setting of fees for
the equitable distribution of costs resulting from the program established herein.
1.2 Administration
Except as otherwise provided herein, the Director of Public Works shall
administer, implement and enforce the provisions of this ordinance. Any powers
granted to or duties imposed upon the Director of Public Works may be delegated
by the Director of Public Works to other city personnel.
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1.3 Definitions
Unless a provision explicitly states otherwise, the following terms and phrases, as
used in this ordinance, shall have meanings hereinafter designated.
A. Act or "the act" - The Federal Water Pollution Control Act, also known as
the Clean Water Act, as amended, 33 U.S.C. 1251 et seq.
B. Approval Authority - The Director in an NPDES State with an approved
State pretreatment program and the appropriate Regional Administrator in
a non-NPDES State or NPDES State without an approved State
pretreatment program.
C. Authorized Representative of the Industrial User
1. If the industrial user is a corporation, the authorized representative
shall mean:
a. the president, secretary, treasurer, or a vice-president of the
corporation in charge of a principal business function, or any other
person who performs similar policy or decision making function
for the corporation;
b. the manager of one or more manufacturing, production, or
operation facilities employing more than two hundred and
fifty(250) persons or having a gross annual sales or expenditures
exceeding $ 25 million( in second quarter 1980 dollars), if
authority to sign documents has been assigned or delegated to the
manager in accordance with corporate procedures.
2. If the industrial user is a partnership, or sole proprietorship an
authorized representative shall mean a general partner or proprietor,
respectively.
3. If the industrial user is a Federal, State or local govermnental facility,
an authorized representative shall mean a director or highest official
appointed or designated to oversee the operation and performance of
the activities of the govermnent facility, or his and or her designee.
4. The individuals described in paragraphs 1-3 above may designate
another authorized representative if the authorization is in writing, the
authorization specifies the individual or person responsible for the
overall operation of the facility from which the discharge originates or
having overall responsibility for the environmental matters for the
company, and the written authorization is submitted to the City of La
Porte.
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D. Biochemical Oxygen Demand ( BOD) - The quantity of oxygen utilized
in the biochemical oxidation of organic matter under standard laboratory
procedure, five(5) days at 20 degrees centigrade expressed in terms of
mass and concentration [ milligram per liter ( mgll ) ].
E. Categorical Pretreatment Standard or Categorical Standard - Any
regulation containing pollutant discharge limits promulgated by the U.S.
EPA in accordance with sections 270 (b) and ( c ) of the act ( 33 U.S.C.
1317 ) which apply to a specific category of industrial users and which
appear in 40 CFR Chapter I, Subchapter N, parts 405-471.
F. Certificate of Occupancy - A permit showing that ~e industry or business
has complied with this ordinance and has been shown to have only
sanitary waste discharge.
G. City - The City of La Porte or the City Council of La Porte.
H. Chemical Oxygen Demand ( COD ) - The measure of oxygen consumed
from a chemical oxidant, expressed as mgll.
I. Color - The optical density at the visual wavelength of maximum
absorption, relative to distilled water. One hundred percent ( 100 % )
transmittance is equivalent to zero ( 0.0) optical density.
J. Composite Sample - A sample composed of two or more discrete
samples. The aggregate sample will reflect the average water quality
covering the compo siting or sample period .
K. Control Authority - A POTW with an approved pretreatment program or
Approval authority in the absence of a POTW pretreatment program.
L. Director of Public Works or Director - The person designated by the City
of La Porte to supervise the operation of the POTW, and who is charged
with certain duties and responsibilities by this ordinance or hislher
authorized representative.
M. Domestic Sewage - Water-borne wastes normally discharging from the
sanitary conveniences, free from storm surface water, industrial wastes,
and in which the average concentration of total suspended solids is not
greater than 300mgll and BOD is not more than 250 mgll.
N. Domestic User (DU ) - Any industry or business discharging only
domestic sewage into the city sewer system.
O. Environmental Protection Agency or EPA - The U.S. Environmental
Protection Agency or, where appropriate, the term may also be used as a
designation for the Regional Water Management Division Director or
other duly authorized official of said agency.
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P. Existing Source - Any source of discharge, the construction or operation
of which commenced prior to the publication of proposed categorical
pretreatment which will be applicable to such source if the standard is
thereafter promulgated in accordance with Section 307 of the act.
Q. Grab Sample - A sample collected over a period of time not to exceed 15
minutes from a waste stream without regard to flow of the waste stream.
R. Indirect Discharge or Discharge - The introduction of a non-domestic
pollutant into the POTW from any non-domestic source regulated under
Section 307 (b), (c) or (d) of the act.
S. Industrial User or User - An industry or business which discharges
wastewater into the City's wastewater treatment plant. A source of direct
discharge.
T. Industrial Waste Questionnaire - The document provided by the City to all
potential industrial users on which basic information and data are
documented describing the applicant's production process, raw materials,
and other information as deemed necessary by the City to accurately
assess the nature of any potential waste discharges.
U. Industrial Wastes - All water-borne solids, liquids, or gaseous wastes
resulting from any industrial, manufacturing, or food processing operation
or process, or from the development of any natural resource, or any
mixture of these with water or domestic sewage distinct from domestic
sewage.
V. Instantaneous Maximum Allowable Discharge Limit - The maximum
concentration (or loading) of a pollutant allowed to be discharged at any
time, determined from the analysis of any discrete or composite sample
collected, independent of the industrial flow rate and the duration of the
sampling event.
W. Interference - A discharge which alone or in conjunction with a discharge
or discharges from other sources:
1.) inhibits or disrupts the POTW , its treatment process or operations
or its sludge processes, use or disposal; and
2.) therefore is a cause of a violation of City's TPDES permit or of the
prevention of sewage sludge use or disposal in compliance with
any of the following statutory / regulatory provisions or permits
issued thereunder ( or more stringent state or local regulations) :
Section 405 of the Clean Water Act; the Solid Waste Disposal Act
( SWDA), including Title II ( Resource Conservation and
Recovery Act - RCRA; and State regulations contained in any
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State sludge management plan prepared pursuant to Subtitle D of
the SWDA; the Clean Air Act; the Toxic Substances Control Act;
and the Marine Protection, Research and Sanctuaries Act.
X. Lower Explosive Limit - The concentration of a gas or vapor ( in percent
by volume) which, in the presence of an ignition source, will ignite.
Y. Medical Waste - Isolation wastes, infectious agents, human blood and
blood by-wastes products, pathological wastes, sharps, body parts,
fomites, etiologic, contaminated bedding, surgical potentially
contaminated laboratory wastes and dialysis wastes.
Z. New Source
(1) Any building, structure, facility or installation from which there is or
may be a discharge of pollutants, the construction of which commenced
after the publication or proposed standards under Section 307(c) of the Act
which will be applicable to such source if such standards are thereafter
promulgated in accordance with that section, provided that:
(a) The building, structure, facility or installation is
constructed at a site at which no other source is located; or
(b) The building, structure, facility or installation totally
replaces the process or production equipment that causes
the discharge of pollutants at an existing source; or
(c) The production or wastewater generating processes of the
building, structure, facility or installation is substantially
independent of an existing source at the same site. In
determining whether these are substantially independent,
factors such as the extent to which the new facility is
integrated with the existing plant, and the extent to which
the new facility is engaged in the same general type activity
as the existing source, should be considered.
(2) Construction on a site at which an existing source is located results in a
modification rather than a new source if the construction does not create a
new building, structure, facility or installation meeting the criteria of
Section 1 (b) or ( c) above but otherwise alters, replaces, or add to existing
process or production equipment.
(3) Construction of a new source as defined under this paragraph has
commenced if the owner or operator has :
(a) Begun, or caused to begin as part of a continuous onsite
construction program:
(i) Any placement, assembly, or installation of
facilities or equipment, or
(ii) Significant site preparation work including clearing,
excavation, or removal of existing building,
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structure, or facilities which is necessary for the
placement, assembly, or installation of a new source
facilities or equipment.
(b) Entered into a binding contractual obligation for the purchase
of facilities or equipment which are intended to be used in its
operation within reasonable time. Options to purchase or
contracts which can be terminated or modified without
substantial loss, and contracts for feasibility, engineering, and
design studies do not constitute a contractual obligation under
this paragraph.
AA. Non-contact Cooling Water - Water used for cooling which does not
come into direct contact with any r~w material, intermediate product,
waste product or finished product.
BB. Pass Through - A discharge which exits the POTW into water of the U. S.
in quantities or concentrations which, alone or in conjunction with a
discharge or discharges from other sources, is a cause of a violation of any
requirement of the City's TPDES permit, including an increase in the
magnitude or duration of a violation.
CC. Person - Any individual, partnership, co-partnership, fiI1l1, company,
corporation, their association, joint stock company, trust, estate,
governmental entity or any other legal entity, or legal representatives,
agents or assigns. This definition includes all Federal, State, or Local
governmental entities.
DD. pH - A measure of the acidity or alkalinity of a substance, expressed in
standard units. It is the reciprocal of a logarithm (Base 10 ) of the
hydrogen ion concentration of a solution.
EE. Pollutant - Any dredged spoil, solid waste, incinerator residue, sewage,
garbage, sewage sludge, munitions, medical wastes, chemical wastes,
industrial wastes, biological materials, radioactive materials, heat,
wrecked or discharge equipment, rock, sand, cellar dirt, agricultural and
industrial wastes, and the characteristics of the wastewater ( i.e.; pH,
temperature, TSS, turbidity, color, BOD, CBOD, toxicity, and odor).
FF. Pretreatment - The reduction of the amount of pollutants, the elimination
of pollutants or the alteration of the nature of pollutant properties in the
wastewater prior to or in lieu of introducing such pollutants into the
POTW. This reduction or alteration can be obtained by physical
,chemical, or biological processes, by process changes, or by other means,
except by diluting the concentration of the pollutants unless allowed by
applicable pretreatment standard.
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GG. Pretreatment Requirements - Any substantive or procedural requirement
related to pretreatment imposed on an industrial user, other than a
pretreatment standard.
HH. Pretreatment Standards or Standard - National Pretreatment standard,
shall mean prohibitive discharge standards, categorical pretreatment
standards, and local limits.
II. Prohibitive Discharge - Absolute prohibitions against the discharge of
certain substances; these prohibitions appear in Section 2.1 of this
ordinance.
JJ. Publicly Owned Treatment Works ( POTW ) - A treatment works as
defined by Section 212 of the Act (33 U.S.C. 1292 ), which is owned by
the State or Municipality. This definition includes any devices or systems
used in the collection, storage, treatment, recycling and reclamation of
sewage or industrial wastes and any conveyances only if they convey
wastewater to a treatment plant. The term also means the municipal entity
having jurisdiction over the indirect dischargers and responsibility for the
operation and maintenance of the treatment plant.
KK.. Septic Tank Waste - Any sewage from holding tanks such as vessels,
chemical toilets, campers, trailers, and septic tanks.
LL. Sewage - Human excrement and gray water ( household showers,
dishwashing operation, etc.). A combination of water-carried waste; from
residences, buildings, institution, and industrial establishments.
MM. Significant Industrial User ( Sill) - Shall apply to:
a) industrial users subject to categorical pretreatment standards; and
b) any other industrial user that;
i) discharges an average. of 25,000 gpd or more of process
wastewater ( excluding sanitary, non-contact cooling, and
boiler blow down wastewater).
ii) contributes a process waste stream which make up 5
percent or more of the average dry weather hydraulic or
organic capacity of the plant or,
iii) is designated as significant by the CA based on the
reasonable potential that the industrial user can adversely
affect the POTW's operation or for violating any
pretreatment standard or requirement in accordance with 40
CFR 403.08.(f)(6)
NN. Slug Load - Any discharge at a flow rate or concentration which could
cause a violation of the prohibitive discharge standards in Section 2.1 of
this ordinance or any discharge of a non-routine, episodic nature,
including but not limited to, an accidental spill or a non-customary batch
discharge.
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00. Standard Industrial Classification Code ( SIC) - A classification pursuant
to the Standard Industrial Classification Manual issued by the U.S. Office
Management and Budget.
PP. Storm Water - Any flow occurring during or following any form of
natural precipitation, resulting therefrom, including snowmelt.
QQ. Surcharge - The charge in addition to the published water and sewer rate.
The basis for surcharges on industrial wastes is a capital and operating
cost for the treatment and removal of suspended solids and BOD
exceeding "domestic" sewage.
RR. Suspended Solids - The total suspended matter that floats on the surface
of, or is suspended in water, wastewater, or other liquid and which is
removable by laboratory filtering.
SS. Toxic Pollutant - One of 126 pollutants, or combination of those
pollutants, listed as toxic in regulations promulgated by the EP A under the
provision of Section 30 (33 US.C. 1317 ) of the Act or any other State
regulated pollutant..
IT. Treatment Plant Effluent - Any discharge of pollutants from the POTW
into waters of the State and / or U.S.
UU. Utility Superintendent or Superintendent - The person designated by the
Director of Public Works as his/or her authorized representative.
VV. Wastewater - Liquid and water-carried industrial wastes, and sewage from
residential dwellings, commercial buildings, industrial and manufacturing
facilities, and institutions, whether treated or untreated, which are
contributed to the POTW.
WW. Wastewater Treatment Plant or Treatment Plant - That portion of the
POTW designed to provide treatment of sewage and industrial waste. It
shall mean any arrangement of devices and structures used for treating
sewage.
Shall is mandatory; may is permissive or discretionary; The use of the
singular shall be construed to include the plural and plural shall include
singular as indicated by the context of its use.
1.4 Abbreviations
The following abbreviation shall have the designated meanings:
2nd NOV
Second Notice of Violation
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BOD
CA
CFR
COD
EPA
gpd
LEL
mg
mg/I
DU
NIS
NSIU
NOV
TPDES
O&M
RCRA
SIC
SWDA
TSS
USC
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Biochemical Oxygen Demand
Control Authority
Code of Federal Regulations
Chemical Oxygen Demand
Environmental Protection Agency
Gallons Per Day
Lower Explosive Limit
Milligram
Milligram Per Liter
Domestic User
Notice of Impending Suspension
Non Significant Industrial User
Notice of Violation
Texas Pollutant Discharge Elimination System
Operation and Maintenance
Resource Conservation and Recovery Act
Standard Industrial Classifications
Solids Waste Disposal Act (42 U.S.C. 6901, et seq.)
Total Suspended Solids
United States Code
SECTION 2. GENERAL SEWER USE REQUIREMENTS
2.1 Prohibitive Discharge Standards
No Industrial user shall introduce or cause to be introduced into the POTW any
pollutant or wastewater which causes pass through or interference. These general
prohibitions apply to all industrial users of the POTW whether they are subject to
categorical pretreatment standards or any National, State or local pretreatment
standards or requirement. No industrial user may contribute the following
substances to the POTW.
A. Pollutants which create a fire or explosion hazard in the municipal
wastewater collection and POTW, including, but not limited to, waste
streams with a closed-cup flash point of less than 140 degrees Fahrenheit
( 60 degrees Centigrade ) using the test methods specified in 40 CFR
261.21.
B. Any wastewater having a pH less than 5.5 or more than 9.5 or otherwise
causing corrosive structural damage to the POTW or equipment, or
endangering City personnel.
C, Solid or viscous substances in amounts which will cause obstruction of
flow in the POTW resulting in interference, or other interference with
proper operation of the sewage works, such as ashes, cinders, sand, mud,
straw, shavings, metal, glass, rags, feathers, fish scales, tar, plastics, wood,
whole blood, paunch manure, hair, fleshing, entrails, lime slurry, lime
residues, slops, chemical residues, paint residues, or bulk solids.
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D. Any wastewater containing pollutants, including oxygen demanding
pollutants ( BOD ), released in a discharge at a flow rate and/ or pollutant
concentration which either singularly or by interaction with other
pollutants, will cause interference with either the POTW; or any
wastewater treatment or sludge process, or will constitute a hazard to
humans or animals.
E. Any wastewater having a temperature greater than 150 degrees Fahrenheit
( 65 degrees Centigrade ) or which will inhibit biological activity in the
treatment plant resulting in interference, but in no case wastewater which
causes the temperature at the introduction into the treatment plant to
exceed 104 degrees Fahrenheit ( 40 degrees Centigrade ).
F. Petroleum oil, non-biodegradable cutting oil, or products of mineral oil
origin, in amounts that will cause interference or pass through.
G. Any pollutants which result in the presence of toxic gases, vapors, or
fumes within the POTW in a quantity that may cause acute worker health
and safety problem.
H. No trucked or hauled pollutants shall be discharged except at discharged
points designated by the POTW.
I. Any noxious or malodorous liquids, gases, solids, or other wastewater
which singly or by interaction with other wastes, are sufficient to create a
public nuisance, a hazard to life, or to prevent entry into the sewers for
maintenance and repairs.
J. Any wastewater which imparts color which cannot be removed by the
treatment process, such as, dye waste, and vegetable tanning solution,
which consequently imparts color to the treatment plant's effluent thereby
violating the City's TPDES permit. Color, in combination with turbidity,
shall not cause the treatment plant effluent to reduce the depth of
compensation point for photosynthetic activity by more than ten (10)
percent from the seasonably established norm for aquatic life.
K. Any wastewater containing any radioactive wastes or isotopes except as
specifically approved by the Director in compliance with applicable State
or Federal regulations.
L. Storm water, surface water, ground water, artesian well water, roof runoff,
subsurface drainage, swimming pool drainage, condensate, deionized
water, non-contact cooling water, and unpolluted industrial wastewater
unless specifically authorized by the Director.
M. Any sludge, screenings, or other residues from the pretreatment of
industrial wastes.
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N. Any medical waste, except as specifically authorized by the Director in a
wastewater discharge permit.
O. Any wastewater causing the treatment plant's effluent to fail a toxicity
test.
P. Any wastes containing detergents, surface active agents, or other
substances which may cause excessive foaming in the POTW.
Q. Any discharge of fat, oils, or greases of animal origin is limited to
200mg/l.
R. No person shall discharge into the public sewer any of the following
materials unless limits have been established by the control authority
(CA) and included in the industrial user's permit:
Antimony
Beryllium
Bismuth
Boron
Fungicides
Gasoline
Herbicides
Molybdenum
Naphtha
Insecticides
Tellurium
Tin
Uranyl ion
Radioactive Elements
Waste prohibited by this section shall not be processed or stored in a manner that they
could be discharged to the POTW. All floor drains located in process or materials
storage areas must be discharge to the industrial user's pretreatment facility before
connecting with the POTW.
2.2 Federal Categorical Pretreatment Standards
The national categorical pretreatment standards fo~d in 40 CFR Chapter I,
Subchapter N, Parts 405-471 are hereby incorporated.
2.3 Local Limits
(a) Pursuant to 40 CFR 403.8(f)(2), each POTW shall develop and enforce
specific limits which are listed in subsection (c) of this section. The local limits in
this section are based on the uniform concentration method and shall be applied as
daily average limit. These local limits shall continue to be reevaluated and
developed at least once every three years and the City will effectively enforce
such limits.
(b) The specific limits on pollutants developed by the City shall apply at the final
discharge point of the Industrial User prior to discharging into the city's sanitary
sewer system.
(c) Specific Limitations
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Maximum concentration of heavy metals. Under this article, the maximum
allowable concentrations of heavy metals, stated in terms of milligrams per liter
(mg/l), are as follows:
(1) ARSENIC
(2) CADMIUM
(3) CHROMIUM
(4) COPPER
(5) CYANIDE
(6) LEAD
(7) MERCURY
(8) NICKEL
(9) SILVER
(10) ZINC
1.108 mg/l
0.284 mg/l
1.3 77 mg/I
0.43 mg/l
0.75 mg/l
0.141 mg/l
0.006 mg/l
0.075 mg/I
0.66 mg/I
2.295 mg/I
0.000 - Pollutants with a 0.000 local limit will use the detection limit as the local limit. .
The limit will be enforced by the minimum analytical limit (MAL) of a permitted
industry's discharge.
2.4 City's Right of Revision
The City reserves the right to establish, by ordinance or in wastewater discharge
permits, more stringent standards or requirements on discharges to the POTW if
deemed necessary to comply with the objectives presented in Section 1.1 of this
ordinance or the general and specific prohibitions in Section 2.1 of this ordinance.
2.5 Special Agreement
The City reserves the right to enter into special agreements with industrial users
setting out special terms which they may discharge to the POTW. In no case will
a special agreement waive compliance with a pretreatment standard or
requirement. However, the industrial user may request a net gross adjustment to a
categorical standard in accordance with 40 CFR 403.15. They may also request a
variance from the categorical pretreatment from EP A. Such a request will be
approved only if the industrial user can prove that factors relating to its discharge
are fundamentally different from factors considered by EP A when establishing
that pretreatment standard. An industrial user requesting a fundamentally
different factor variance must comply with the procedural and substantive
provisions in 40 CFR 403.13.
2.6 Dilution
No industrial user shall ever increase the use of process water, or in any way
attempt to dilute a discharge, as partial or complete substitute for adequate
treatment to achieve compliance with a discharge limitation unless expressly
authorized by the applicable pretreatment standard or requirement. The Director
may impose mass limitation on industrial users which are using dilution to meet
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applicable pretreatment standards or requirements, or in other case when the
imposition of mass limitations is appropriate.
2.7 National Pretreatment Standards (NPS)
A. If more stringent NPS exist for certain categories of industries or if more
stringent NPS are promulgated for certain categories of industries by the
USEP A, the more stringent national standard will apply to the permittee.
B. Unless exception is granted by the City, the public sanitary sewer system
shall be used by all persons discharging :
1. Wastewater
2. Industrial Waste
3. Polluted Liquids
C. Unless authorized by the TNRCC, no person may deposit or discharge any
waste included in the paragraph above on public or private property or
into or adjacent to any:
1. Natural Outlet
2. Watercourse
3. Storm Sewer
4. Other area within the jurisdiction of the City.
The Director shall verify prior to discharge that wastes authorized to be discharged will
receive suitable treatment within the provisions of laws, regulations, ordinances, rules
and orders of federal, state, and local governments.
SECTION 3. PRETREATMENT OF WASTEWATER
3.1 Pretreatment Facilities
Industrial users shall provide necessary wastewater treatment as required to
comply with this ordinance arid shall achieve compliance with all categorical
pretreatment standards, local limits and the prohibitions set out in Section 2.1
above within the time limitations specified by the EPA, the State, or the Director.
Any facilities required to pre-treat wastewater to a level acceptable to the Director
shall be operated, and maintained at the industrial waste user's expense. Detailed
plans showing the pretreatment facilities and operating procedures shall be
submitted to the Director for review, and shall be acceptable to the Director
before construction of the facility. The review of such plans and operating
procedures will in no way relieve the industrial user from the responsibility of
modifying the facility as necessary to produce an acceptable discharge to the
POTW under the provisions of this ordinance.
3.2 Additional Pretreatment Measures
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A. Whenever deemed necessary, the Director may require industrial users to
restrict their discharge during peak flow periods, designate that certain
wastewater be discharged only into specific sewers, relocate and lor
consolidate points, separate sewage waste-streams and such other
conditions as may be necessary to protect the POTW and determine the
industrial user's compliance with the requirements of this ordinance.
B. Each permittee discharging into the POTW greater than 120,000 gallons
per day or greater than 5 percent of the average daily flow in the POTW,
whichever is lesser, shall install and maintain, on their property and at
their expense, a suitable storage and flow control facility to insure
equalization of flow over a twenty-four (24) hour period. The facility
shall have the capacity for at least 200 percent of the daily discharge
volume and shall be equipped with alarms and a rate of discharge
controller, the regulation of which shall be directed by the Director. A
wastewater discharge permit may be issued solely for flow equalization.
c. Grease, oil and sand interceptors shall be provided when, in the opinion of
the Director, they are necessary for the proper handling of wastewater
containing excessive amounts of grease and oil or sand; except that such
interceptors shall not be required for residential users. All interceptors
units shall be of type and capacity approved by the Director and shall be
so located to be easily accessible for cleaning and inspection. Such
interceptors shall be inspected, cleaned, and repaired regularly, as needed,
by the permittee at their own expense.
D. Industrial users with the potential to discharge flammable substances may
be required to install and maintain an approved combustible gas detector
meter.
E. At no time shall two readings on an explosion hazard meter at the point of
discharge into the POTW, or at any point in the POTW, be more than five
percent (5 % ) nor any single reading over ten percent (10%) of the lower
explosive limit (LEL) of the meter.
SECTION 4. WASTEWATER DISCHARGE PERMIT ELIGIBILITY
4.1 Wastewater Survey
When requested by the Director, all industrial users must submit information on
the nature and characteristics of the wastewater by completing an industrial waste
questionnaire prior to commencing their discharge. The Director is authorized to
prepare a form for this purpose and may periodically require users to update the
survey. Failure to complete this questionnaire shall be considered a violation of
the ordinance.
4.2 Wastewater Discharge Permit Requirement
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It shall be unlawful for any industrial user to discharge wastewater into the
POTW without first obtaining a wastewater discharge permit from the Director.
Any violation of the terms and conditions of a wastewater permit shall be deemed
a violation of this ordinance and subject the wastewater discharge permittee to the
sanctions set out in Section 10-12. Obtaining a wastewater discharge permit does
not relieve a permittee of its obligation to comply with all Federal and State
pretreatment standards or requirements.
4.3 Wastewater Discharge Permitting Existing Connections
Any industrial user which discharges industrial waste into the POTW prior to the
effective date of this ordinance and who wishes to continue such discharges in the
future, shall, within ninety ( 90 ) days after said date, apply to the City for a
wastewater discharge permit in accordance with Section 4.5 below, and shall not
cause and allow discharges to the POTW to continue after ninety
( 90 ) days of the effective date of this ordinance except in accordance with a
wastewater discharge permit issued by the Director.
4.4 Wastewater Discharge Permitting Extrajurisdictional Industrial Users
A. Any existing industrial user located beyond the City limits shall submit a
wastewater discharge permit application, in accordance with Section 4.6
below, within ninety ( 90 ) day of the effective date of this ordinance.
New industrial users located beyond the City limits shall submit such
applications to the Director ninety ( 90 ) days prior to any proposed
discharge into the POTW.
B. Alternately, the Director may enter into an agreement with the
neighboring jurisdiction in which the industrial user is located to provide
for the implementation and enforcement of the pretreatment program
requirements against said industrial user.
4.5 Wastewater Discharge Permit Application Contents
In order to be considered for a wastewater discharge permit the permittee must
submit the information required by Section 6.1 ( b ) of this ordinance. When a
pretreatment process is required, plans must be submitted and stamped by a
registered professional engineering license to practice in the State of Texas. The
Director shall approve a form to be used as a permit application. In addition, the
following may be requested:
~ Description of activities, facilities, and plant processes on the premises,
including a list of all raw materials and chemicals used or stored at the facility
which are, or could accidentally or intentionally be, discharged to the POTW.
~ Number of employees, type of operation, and proposed or actual hours of
operation.
~ Each product produced by type, amount, process or processes, and rate of
production.
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~ Type and amount of raw materials processed ( daily average and maximum
per day).
~ Site plan, showing floor plan, mechanical and plumbing plans, and details to
sewers and appurtenances by size, location and elevation and all points of
discharge.
~ Time and duration of the discharge.
~ Plans and specifications of the grease, oil, and sand interceptors and control
location.
~ Any other infonnation as may deemed necessary by the Director to evaluate
the wastewater discharge pennit application.
Incomplete or inaccurate applications will not be processed and will be returned to the
industrial user for revision.
4.6 Application Signatories and Certification
All wastewater discharge pennit applications and industrial user reports must
contain the following certification statement and be signed by an authorized
representative of the user.
"I certify under penalty of law that this document and all attachments
were prepared under my direction or supervision in accordance with a system
designed to assure that qualified personnel properly gather and evaluate the
infonnation submitted. Based on my inquiry of the person or persons who
manage the system, or those persons directly responsible for gathering the
infonnation, the infonnation submitted is to the best of my knowledge and belief,
true , accurate, and complete. I am aware that there are significant penalties for
submitting false infonnation, including the possibility of fine and loss of services
for knowing violations."
4.7 Wastewater Discharge Permit Content
The Director will evaluate the data furnished by the industrial user and may
require additional infonnation. Within ten ( 10 ) days of receipt of a complete
wastewater discharge pennit application, the Director will determine whether or
not to issue a wastewater discharge permit. If no detennination is made within
this time period, the application will be deemed denied. The Director may deny
any application for a wastewater discharge permit.
SECTION 5 WASTEWATER DISCHARGE PERMIT ISSUANCE PROCESS
5.1 Wastewater Discharge Permit Duration
Wastewater discharge permits shall be issued for a specified time period not to
exceed five (5) years. A wastewater discharge permit may be issued for a period
of less than five (5) years, at the discretion of the Director.
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Other non-domestic users are issued a one time "Certificate of Occupancy" permit
to identify that domestic waste is their only discharge.
Each wastewater discharge permit will indicate a specific date upon which it will
expire.
5.2 Wastewater Discharge Permit Contents
Wastewater discharge permits shall include such conditions as specified in 40
CFR 403.8(f)(I)(iii)(c) to prevent pass through or interference, protect the quality
of the of the body of water receiving the plant's effluent, protect worker health
and safety facilitate sludge management and disposal, protect ambient air quality,
and protect against damage to the POTW.
A. Wastewater discharge permits must contain the following conditions:
1. A statement that indicates wastewater discharge permit duration, which in
no event shall exceed five ( 5 ) years.
2. A statement that the wastewater discharge permit is nontransferable
without prior notification to and approval from the Director, and
provisions for furnishing the new owner or operator with a copy of the
existing wastewater discharge permit.
3. Effluent limits applicable to the industrial user as specified in 40 CFR
403.8 (f)(i)(iii) (C).
4, Self-monitoring, sampling, reporting, notification, and record keeping
requirements. These requirements shall include an identification of
pollutants to be monitored, sampling locations, sampling frequency, and
sample type in accordance with 40' CFR 403.8 (f)(i)(iii) (0).
5. Statement of applicable civil, criminal, and administrative penalties for
violation of pretreatment standards and requirement, and any applicable
compliance schedule. Such schedule may not extend the time for
compliance beyond that required by applicable Federal, State, or Local
law.
B. Wastewater Discharge permits may contain, but not limited to, the following:
1. Limits on the average and I or maximum rate of discharge, time of
discharge, and! or requirements for flow regulation and equalization.
2. Limits on the instantaneous, daily, and monthly average and/or maximum
concentration, mass, or other measure of identified wastewater pollutants
or properties.
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3. Requirements for the installation of pretreatment technology, pollution
control, or construction of appropriate containment devices, designed to
reduce, eliminate, or prevent the introduction of pollutants into the
treatment works.
4. Development and implementation of spill control plans or other special
conditions including management practices necessary to adequately
prevent accidental , unanticipated, or routine discharges.
5. Development and implementation of waste minimization plans to reduce
the amount of pollutants discharged to the POTW.
6. The unit charge or schedule of industrial user charges and fees for the
management of the wastewater discharge to the POTW.
7. Requirements for installation and maintenance of inspection and sampling
facilities and equipment.
8. A statement that compliance with the wastewater discharge permit does
not relieve the permittee of responsibility for compliance with all
applicable Federal, State, pretreatment standards, including those which
become effective during the term of the wastewater discharge permit.
9. Other conditions as deemed appropriate by the Director to ensure
compliance with this ordinance, and Federal, State laws rules, and
regulations.
5.3 Wastewater Discharge Permit Appeals
Any person, including the industrial user, may petition the city to reconsider the
terms of a wastewater discharge permit within ten ( 10 ) days of its issuance.
A. Failure to submit a timely petition for review shall be deemed as a waiver
of administrative appeal.
B. In its petition, the appealing party must indicate the wastewater discharge
permit provision objected to, the reasons for this objection, and the
alternative condition, if any, it seeks to place in the wastewater discharge
permit.
c. The effectiveness of the wastewater discharge permit shall not be stayed
pending the appeal.
D. If the City fails to act within ten (10) days, a request for reconsideration
shall be deemed to be denied. Decisions not to reconsider, not to issue ,or
not modify a wastewater discharge permit, shall be considered final
administrative action for purposes of judicial review.
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E. Aggrieved parties seeking judicial review of the final administrative action
of a wastewater discharge permit decision, must do so by filing a
complaint with the Harris County District Court within (30) days of such
final administrative action.
5.4 Wastewater Discharge Permit Modification
The Director may modify the wastewater discharge permit for good cause
including, but not limited to the following:
A. To incorporate any new or revised Federal, State, or Local pretreatment
standards or requirements;
B. To address significant alterations or additions to the industrial user's
operation processes, wastewater volume or character since the time of the
wastewater discharge permit issuance;
C. A change in the POTW that requires either a temporary or permanent
reduction or elimination of the authorized discharge;
D. Information indicating that the permittee's discharge poses a threat to the
City's POTW, City personnel or the receiving waters;
E. Violation of any terms or conditions of the wastewater discharge permit;
F. Misrepresentation or failure to fully disclose all relevant facts in the
wastewater discharge permit application or any required reporting;
G. Revision of or a grant of variance from categorical pretreatment standards
pursuant to 40 CFR 403.13;
H. To correct typographical or other errors in the wastewater discharge
permit ;
I. To reflect a transfer of the facility ownership and! or operation to a new
owner andJ or operator.
The filing of a request by the permittee for a wastewater discharge permit
modification does not stay any wastewater discharge permit condition.
5.5 Wastewater Discharge Permit Transfer
Wastewater discharge permits may be reassigned or transferred to a new owner
and or operator only if the permittee gives thirty ( 30 ) days advance notice to the
Director and the Director approves the wastewater discharge permit transfer. The
notice to the Director must include written certification by the new owner and lor
operator and the following:
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A. Statement that new owner and/or operator has no immediate intent to
change the facility's operations and processes;
B. Identification of the specific date on which the transfer is to occur;
C. Acknowledgement of full responsibility for complying with the existing
wastewater discharge permit.
Failure to provide advance notice of a transfer renders the wastewater discharge
permit invalid on the date of the facility transfer.
5.6 Wastewater Discharge Permit Revocation
Wastewater discharge permits may be revoked for the following reasons:
A. Failure to notify the Director of significant changes to the wastewater
prior to the changed discharge;
B. Failure to provide prior notification to the Director of changed conditions
pursuant to Section 6.5;
D. Misrepresentation of fully disclosing all relevant facts 10 wastewater
discharge permit;
E. Falsifying self monitoring reports;
F. Tampering with monitoring equipment;
G. Refusing to allow the director timely access to the facility premises and
records;
H. Failure to meet effluent limitations;
I. Failure to pay fines;
J. Failure to pay sewer charges;
K. Failure to meet compliance schedules;
1. Failure to complete a wastewater surveyor the wastewater discharge
permit application;
M. Failure to provide advance notice of the transfer or requirement, or any
terms of the wastewater discharge permit or the ordinance.
Wastewater discharge permits shall be void upon nonuse, cessation of operations,
or transfer of business ownership. All wastewater discharge permits are void
upon the issuance of a new wastewater discharge permit.
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5.7 Wastewater Discharge Permit Reissuance
All industrial users shall apply for a wastewater discharge permit reissuance by
submitting a complete wastewater discharge permit application, thirty ( 30 ) days
prior to the expiration of the industrial user's existing wastewater discharge
permit in accordance with Section 4.6 of this ordinance.
SECTION 6 REPORTING REQUIREMENTS
6.1 Baseline Monitoring Reports
A. Within 180 days after the effective date a categorical pretreatment
standard, or final administrative decision on a category determination
under 40 CFR 403.6 (a)(4), whichever is later, existing significant
industrial users subject to such categorical pretreatment standards, and
currently discharging to or scheduled to discharge to the POTW, shall be
required to submit to the City a report which contains the information
listed in paragraph (B)(1-7), below. Ninety ( 90 ) days prior to
commencement of a discharge, new sources and sources that become
industrial users subsequent to promulgation of an applicable categorical.
standard shall be required to submit to the City a report which contains the
information in paragraph (B)(1-5), below. A new source shall also be
required to report the method of pretreatment it intends to use to meet
applicable pretreatment standards. A new source shall also give estimates
of its anticipated flow and quantity of pollutants discharged.
B. The industrial user shall submit the information required by this section
including:
1. Identifying Information. The name and address of the facility
including the name of the operator and owners.
2. Wastewater Discharge Permits. A list of any environmental
control wastewater discharge permits held by or for the facility.
3. Description of Operation. A brief description of the nature,
average rate of production, and standard industrial classifications
of the operation(s) carried out by such industrial user. This
description should include a schematic process diagram which
indicates points of discharge to the POTW from the regulated
processes.
4. Flow Measurements. Information showing the measured average
daily and maximum daily flow, in gallons per day, to the POTW
from regulated process streams and other streams, as necessary, to
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allow use of the combined waste stream formula set out in 40 CFR
403.6 (e).
5. Measurement of Pollutants.
a. Identify the categorical pretreatment standards applicable to
each regulated process.
b. Submit the results of sampling and analysis identifying the
nature and concentration (and / or mass, where required by
the standard or by the City) of regulated pollutants in the
discharge form each regulated process. Instantaneous,
daily maximum and long term average concentrations (or
mass, where required) shall be reported. The sample shall
be representative of daily operations and shall be analyzed
in accordance with sample procedures set out in Section
6.10.
c. Sampling must be performed m accordance with
procedures set out in Section 6.11.
6. Certification. A statement reviewed by the industrial user's
authorized representative and certified by the qualified
professional, indicating whether pretreatment standards are being
met on a consistent basis and, if not, whether additional operation
and maintenance ( 0 & M ) and/or additional pretreatment is
required to meet the pretreatment standards and requirements.
7. Compliance Schedule. If additional pretreatment and/or O&M will
be required to meet the pretreatment standards; the shortest
schedule by which the industrial user will provide such additional
pretreatment and/or O&M. The completion of this schedule shall
not be later than the compliance date established for the applicable
pretreatment standard. A compliance schedule pursuant to this
section must meet the requirements set out in Section 6.2 of this
ordinance.
8. All Baseline Monitoring Reports must be signed and certified in
accordance with Section 4.6.
6.2 Compliance Schedule Progress Report
The following condition shall apply to the schedule required by 6.1 (b)(7) of the
City's ordinance. The schedule shall contain progress increments in the form of
dates for the commencement and completion of major events leading to the
construction and operation of additional pretreatment required for the user to meet
the applicable pretreatment standards (such events include hiring an engineer,
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completing preliminary and fmal plans, executing contracts for major
components, commencing and completing construction, beginning and
conducting routine operation). No increment referred to above shall exceed nine
(9) months. The industrial user shall submit a progress report to the Director no
later than fourteen (14) days following each date in the schedule and the final date
of compliance, including as a minimum, whether or not it complied with the
increment of progress, the reason for any delay, and if appropriate, the steps taken
by the industrial user to return to the established schedule. In no event shall more
than nine-(9) months elapse between such progress reports to the Director.
6.3 Report on Compliance with Categorical Pretreatment Standard Deadlines
Within ninety (90) days following the date for completion with applicable
categorical pretreatment standards, or in the case of a new source following the
commencement of the introduction of wastewater into the POTW , any industrial
user subject to pretreatment standards and requirements shall submit to the City a
report containing the information described in Section 6.1 (B)( 4-6). For industrial
user subject to equivalent mass or concentration limits established in accordance
with the procedures in 40CFR 403.6(c), this report shall contain reasonable
measure of the industrial user's long-term production rate. For all other industrial
users subject to categorical pretreatment standards expressed in term allowable
pollutant discharge per unit of production ( or other measure of operation), this
report shall include the industrial user's actual production during the appropriate
sampling period. All compliance reports must be signed and certified in
accordance with Section 4.6.
6.4 Periodic Compliance Reports
A. Any significant industrial user subject to a pretreatment standard shall, at a
frequency determined by the Director but in no case less than twice per
year, at least six ( 6) months apart, submit a report indicating the nature
and concentration of pollutants in the discharge which are limited by such
pretreatment standard and the measured or estimated average and
maximum daily flows for the reporting period. All periodic compliance
reports must be signed and certified in accordance with Section 4.6 of this
ordinance.
B. All wastewater samples must be representative of the industrial user's
discharge. Wastewater monitoring and flow measurement facilities shall
be kept clean, and maintained in good working condition at all times. The
failure of an industrial user to keep its monitoring facility in good working
order shall not be grounds for the industrial user to claim that sample
results are unrepresentative of its discharge.
C. If an industrial user subject to the reporting requirement in and of this
section monitors any pollutant more frequently than required by the City's
POTW, using the procedures prescribed in Section 6.11 of this ordinance,
the results of this monitoring shall included in the report.
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6.5 Report of Changed Conditions
Each industrial user is required to notify the Director of any planned significant
changes to the industrial user's operations or system which might alter the nature,
quality or volume of its wastewater at least thirty (30) days before the change.
A. The Director may require the industrial user to submit such information as
may be deemed necessary to evaluate the changed condition, including the
submission of a wastewater discharge permit application under Section
4.5.
B. The Director may issue wastewater discharge permit under Section 4.7 or
modify a wastewater discharge permit under Section 5.4.
C. No industrial user shall implement the planned changed condition(s) until
and unless the Director has responded to the industrial user's notice.
D. For purposes of this requirement flow increases of ten percent (10%) or
greater, and the discharge of any previously unreported pollutants shall be
deemed significant.
6.6 Reports of Potential Problems
A. In the case of any discharge including, but no limited to accidental
discharges, discharges of a non-routine, episodic nature, a non-customary
discharge, or a slug load which cause potential problem for the POTW
(including a violation of the prohibited discharge standard in Section 2.1
of this ordinance), it is the responsibility of the industrial user to
immediately telephone and notify the City of the incident. This
notification shall include the location of discharge, type of waste,
concentration and volume, if known, and corrective action taken by the
industrial user.
B. Within five (5) days following such discharge, the industrial user shall,
unless waived by the Director, submit a detailed written report describing
the cause(s) of the discharge and the measures to be taken by the industrial
user to prevent similar future occurrences. Such notification shall not
relieve the industrial user of any expense, loss, damage, or liability which
may be incurred as a result of damage to the POTW, natural resources, or
any other damage to a person or property; nor shall such notification
relieve the industrial user of any fines, civil penalties, or other liability
which may be imposed by this ordinance.
C. Failure to notify the Director of a potential problem discharge shall be
deemed a separate violation of this ordinance.
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D. A notice shall be permanently posted on industrial user's bulletin board or
other prominent place of advertising whom to call in the event of a
discharge described in paragraph A, above. Employers shall ensure that
all employees, who may cause or suffer such a discharge to occur, are
advised of the emergency notification procedure.
6.7 Reports from Non-Categorical Industrial Users
Industrial users not subject to categorical pretreatment standards are subject to
reporting requirements as specified in 40 CFR 403.12(h).
6.8 Notice ofYiolation or Repeat Sampling and Reporting
If sampling performed by the industrial user indicates a violation, the industrial
user must notify the Director within twenty-four (24) hours of becoming aware of
the violation. The industrial user shall also repeat the sampling and analysis and
submit the results of the repeat analysis to the Director within thirty (30) days
after becoming aware of the violation. Industrial user is not required to resample
if the POTW performs sampling between the industrial's initial sampling and
when the industrial user receives the results of this sampling.
6.9 Notification of the Discharge of Hazardous Waste
A. Any industrial user who commences the discharge of hazardous waste
shall notify the POTW, the EPA Regional Waste Management Division
Director, and State hazardous waste authorities in writing of any discharge
into the POTW of a substance which, if otherwise disposed of, would be a
hazardous waste under CFR Part 261. Such notification must include the
name of the hazardous waste set forth in 40 CFR Part 21, the EP A
hazardous waste number, and the type of discharge (continuous batch or
other). If the industrial user discharges more than ten (10) kilograms of
such waste per calendar month to the POTW, the notification shall also
contain the following information to the extent such information is known
and readily available to the industrial user:
1. An identification of the hazardous constituents contained in the
wastes,
2. An estimation of the mass and concentration of such constituents in
the wastewater discharged during that calendar month, and
3. An estimation of the mass and constituents in the waste stream
expected to be discharged during following twelve(12) months.
All notifications must take place no later than one hundred and eighty (180) days
after the discharge commences. Any notification under this paragraph need be
submitted only once for each hazardous waste discharged. However, notifications
of changed discharges must be submitted under Section 6.5 above. The
notification requirement in this section does not apply to pollutants already
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reported under the self-monitoring requirements of Sections 6.1, 6.3 and 6.4
above.
B. Discharges are exempt from the requirements of paragraph (a) of the
City's ordinance during a calendar month in which they discharge no more
than fifteen(15) kilograms of hazardous waste, unless the wastes are acute
hazardous wastes as specified in 40 CFR 261.30 (d) and 261.33(e).
Discharge of more than fifteen (15) kilograms of non-acute hazardous
wastes in a calendar month, or any quantity of acute hazardous wastes as
specified in 40 CFR 261.30 (d) and 261.33(e), requires a one time
notification. Subsequent months which the industrial user discharges
more than such quantities of non hazardous waste do not require
additional notification.
C. In the case of any new regulations under Section 3001 of RCRA
identifying additional characteristics of hazardous waste, the industrial
user must notify the POTW, the EPA Regional Waste Management
Division Director, and State hazardous waste authorities of the discharge
of such substance within ninety (90) days of the effective date of such
regulations.
D. In the case of any notification made under this section, the industrial user
shall certify that it has a program in place to reduce the volume and
toxicity of hazardous waste generated to the degree it has determined to be
economically practical.
6.10 Analytical Requirements
All pollutant analysis, including sampling techniques, to be submitted as part of a
wastewater discharge permit application or report shall be performed in
accordance with the techniques prescribed in 40 CFR part 136, unless otherwise
specified in applicable categorical pretreatment standard. If 40 CFR part 136
does not contain sampling and analytical techniques for the pollutant in question,
sampling or analyses must be performed in accordance with procedures approved
by the EP A.
6.11 Sample Collection
A. Except as indicated in Section B, below, the industrial user must collect
wastewater samples using 24-hour flow proportional composite collection
techniques. In the event flow proportional sampling is not feasible, the
Director may authorize the use of time proportional sampling or through a
minimum of four (4) grab samples where the user demonstrates that this
will provide a representative sample of the effluent being discharged. In
addition, grab samples may be required to show compliance with
instantaneous discharge limits.
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B. Samples for oil and grease and temperature, pH cyanide, phenols, toxicity,
sulfides, and volatile organic chemicals must be obtained using the grab
collection techniques.
6.12 Determination of Non-compliance
A grab sample(s) may be used to determine noncompliance with pretreatment
standards.
6.13 Timing
Written reports will be deemed to have been submitted on the date postmarked.
For reports which are not mailed, postage prepaid, into a mail facility serviced by
the U. S. Postal Service, date of receipt of the report shall govern.
6.14 Record Keeping
Industrial users shall retain, and make available for inspection and copying, all
records and information required to be retained under this ordinance. These
records shall remain available for a period of at least three (3) years. This period
shall be automatically extended for the duration of any litigation concerning
compliance with this ordinance, or where the industrial user has been specifically
notified of a longer retention period by the Director.
SECTION 7.
COMPLIANCE MONITORING
7.1 Inspection and Sampling
The City shall have the right to enter the facilities of any industrial user to
ascertain whether the purpose of .this ordinance, and any permit or order issued
hereunder, is being met and whether the industrial user is complying with all the
requirements thereof. Industrial users shall allow the Director or his
representative ready access to all parts of the premises for the purposes of
inspection, sampling, records examination and copying, and the performance of
any additional duties.
A. Where an industrial user has security measures in force which require
proper identification and clearance before entry into its premises, the
industrial user shall make necessary arrangements with its security guards
so that upon representation of suitable identification, personnel from the
City, State, and EPA will be permitted to enter without delay, for the
purposes of performing their specific responsibilities.
B. The City, State, and EPA shall have the right to set up on the industrial
user property, or require installation of , such devices as are necessary to
conduct sampling and/or metering of the users operations.
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C. The City may require the industrial user to install monitoring equipment as
necessary. The facility's sampling and monitoring equipment shall be
maintained at all times in a safe proper operating condition by the
industrial user at its own expense. All devices used to measure
wastewater flow and quantity shall be calibrated annually to ensure
accuracy.
D. Any temporary or permanent obstruction to safe and easy access to the
industrial facility to be inspected and/or sampled shall be promptly
removed by the industrial user at the written or verbal request of the
Superintendent and shall not be replaced. The costs of clearing such
access shall be born by the industrial user.
E. Unreasonable delays in allowing the City personnel access to the industrial
user premises shall be a violation of this ordinance.
7.2 Search Warrants
If the Director's authorized representative has been refused access to a building,
structure or property or any part thereof, and, if the Director's authorized
representative has demonstrated probable cause to believe that there may be a.
violation of this ordinance, or that the need to inspect as part of a routine
inspection program of the City designed to verify compliance with this ordinance
or any permit or order issued hereunder , or to protect the overall public health,
safety and welfare of the community, then upon application by the City Attorney,
the Municipal Court Judge of the City may issue a search and/or seized warrant
describing therein the specific location subject to the warrant. The warrant shall
specify what, if anything, may be searched and/or seized on the property
described. Such warrant shall be served at reasonable hours by the City Marshal.
In the event of an emergency affecting public health, safety and welfare,
inspection shall be made without issuance of a warrant.
SECTION 8 CONFIDENTIAL INFORMATION
8.1 Information and data on an industrial user obtained from reports, surveys,
wastewater discharge reports and monitoring programs, and from City inspection
and sampling activities, shall be available to the public without restriction unless
the industrial user specifically requests, and is able to demonstrate to the
satisfaction of the City, that the release of such information would divulge
information, processes or methods or production entitled to protection as trade
secrets under applicable State law. When requested and demonstrated by the
industrial user furnishing a report that such information should be held
confidential, the portions of a report which might disclose trade secrets, or secrets
processes shall not be available for inspection by the public, but shall be made
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available immediately upon request to governmental agencies for uses related to
the NPDES program or pretreatment program, and enforcement proceedings
involving the person furnishing the report. Wastewater constituents and
characteristics and other "effluent data" as defined by 40 CFR 2.302 will not be
recognized as confidential infonnation and will be available to the public without
restriction.
The provisions of this Section 8 shall be subject to the provisions of the Texas
Public Infonnation Act, codified as Chapter 552, Texas Government Code. In the
event of a request under said Act for infonnation which the industrial user or the
City may deemed confidential, the City shall request an opinion from the Texas
Attorney General as to whether such infonnation is subject to disclosure.
SECTION 9
PUBLICATION OF INDUSTRIAL USERS IN SIGNIFICANT
NONCOMPLIANCE
The City shall publish annually, in the largest daily newspaper published in the
municipality where the POTW is located, a list of industrial users which, during
the previous twelve (12) months, were in significant noncompliance with
applicable pretreatment standards and requirements. The term significant
noncompliance shall mean:
A. Chronic violations of wastewater discharge limits, defined here as those in
which sixty-six percent (66%) or more of all of the measurements taken
during a six month period exceed (by any magnitude) the daily maximum
limit or the average limit for the same pollutant parameter;
B. Technical Review Criteria (IRC) violation, defined here as those in which
thirty-three percent (33%) or more of the measurements for each pollutant
parameter taken during a six month period equal or exceed the. product of .
the daily maximum limit or the average limit multiplied by the applicable
TRC (TRC = 1.4 for BOD,TSS, Fats, Oil and Grease, and 1.2 for all other
pollutants except pH );
C. Any other violation of a pretreatment effluent limit (daily maximum or
long term average) that the Director determines has caused, alone or in
combination with other discharges, interference or pass through (including
endangering the health of POTW personnel or the general public);
D. Any discharge of a pollutant that has caused imminent endangerment to
human health, welfare or to the environment or has resulted in the
POTW's exercise of its emergency authority under 40 CFR 403.8 (f) (1)
(vi) (B) to halt or prevent such a discharge;
E. Failure to meet within ninety (90) days after the schedule date, a
compliance schedule milestone contained in a local control mechanism or
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enforcement order for starting construction, completing construction, or
attaining final compliance;
F. Failure to provide, within thirty (30) days after the due date, required
reports such as baseline monitoring reports, 90-day compliance reports,
periodic self-monitoring reports and reports on compliance with
compliance schedules;
G. Failure to accurately report noncompliance;
H. Any other violation or group of violations which the Director determines
will adve~sely affect the operation or implementation of the local
pretreatment program.
SECTION 10 ADMINISTRATIVE ENFORCEMENT REMEDIES
10.1 Notification of Violation
Whenever the Director finds that any user has violated any portion of this
ordinance, a wastewater discharge permit, a pretreatment requirement or any other
violation of this ordinance hereunder, the Director or his agent may serve upon
said user a written Notice of Violation. (NOV). If a compliance date is not set in
the notice then it shall state "within ten (J 0) days of the receipt of this notice, an
explanation of the violation and a plan for satisfactory correction and prevention
thereof, to specific required action, shall be submitted by the user to the Director
or his agent". Submission of this plan in no way relieves the user of liability for
any violations occurring before or after the receipt of the Notice of Violation.
Nothing in this section shall limit the authority of the City to take any action,
including emergency actions, or any other enforcement action ,without first
issuing Notice of Violation.
10.2 Consent Orders
The Director is hereby empowered to enter into Consent Orders, assurances of
voluntary compliance, or other similar documents establishing an agreement with
any user responsible for noncompliance. Such orders will include specific action
to be taken by the user to correct the noncompliance within a time period also
specified by the order. Consent Orders shall be judicially enforceable.
10.3 Show Cause Hearing
The Director may order any user which cause or contributes to violation(s) of this
ordinance, wastewater discharge permits, or orders issued hereunder, or any other
pretreatment standard requirement, to appear before the Director and show cause
why a proposed enforcement action should not be taken. Notice shall be served
on the user specifying the time and place for the meeting, the proposed
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enforcement action, the reasons for such action, and request that the user show
cause why this enforcement action should not be taken. The notice of the meeting
shall be served personally or by registered or certified mail (return receipt
requested) at least five (5) days prior to the hearing. Such notice may be served
on any authorized representative of the user. Whether or not users appears as
ordered, immediate enforcement action may be pursued following the hearing
date. A show cause hearing shall not be a prerequisite for taking any other action
against the user.
lOA Second Notice of Violation (2nd NOV)
When a violation is not corrected with a NOV, a second letter is addressed to the
industrial user notifying them of a violation. This notice will include the nature of
the violation, any necessary corrective measures, a compliance date, and the next
possible enforcement action. This notice is accompanied by a citation.
10.5 Notice of Impending Suspension (NIS )
When the Director finds that the user has violated or continues to violate the
ordinance, wastewater discharge permits or orders issued hereunder, or any other
pretreatment standard or requirement, he may issue a NIS with a citation to the
user responsible for the discharge directing that the user come into compliance by
a set date. If the user does not come into compliance by this set date, sewer
service shall be discontinued unless adequate treatment facilities, devices, or other
related appurtenances are installed and properly operated. The NIS may also
contain requirements to address the noncompliance, including additional self-
monitoring, and management practices designed to minimize the amount of
pollutants discharged to the sewer. An NIS may not extend the deadline for
compliance established for a Federal pretreatment standard or requirement, nor
does a noncompliance order release the user of liability for any violation,
including any continuing violation. Issuance of an NIS shall not be a prerequisite
to taking any other action against the user.
10.6 Cease and Desist Orders
When the Director finds that the user is violating this ordinance, the user's
wastewater discharge permit, any order issued hereunder, or any other
pretreatment standard or requirement, or that the user's past violations are likely
to recur, the Director may issue an order to the user directing it to cease and desist
all violations and directing the user to:
A. Immediately comply with all requirements, and
B. Take such appropriate remedial or preventative action as may be needed to
properly address a continuing or threatened violation, including halting
operations and/or terminating the discharge.
Issuance of a cease and desist order shall not be a prerequisite to taking any other
action against the user.
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10.7 Emergency Termination of Services
The Director may immediately suspend a user's discharge (after informal notice
to the user) whenever such suspension is necessary in order to stop an actual or
threatened discharge which reasonably appears to present, or cause an imminent
or substantial endangerment to the health, safety and welfare of the public. The
Director may also immediately suspend a user's discharge (after notice and
opportunity to respond) that threatens to interfere with the operation of the
POTW, or which presents or may present an endangerment to the environment.
A. Any user notified of a suspension of its discharge shall immediately stop
or eliminate its contribution. In the event of a user's failure to
immediately comply voluntarily with the suspension order, the Director
shall take such steps as deemed necessary, including immediate severance
of the sewer connection, to prevent or minimize damage to the POTW, its
receiving stream, or endangerment to any individuals. The Director shall
allow the user to recommence its discharge when the user has
demonstrated to the satisfaction of the City that the period of
endangerment has passed, unless the termination proceedings set forth in
Section 10.8 are initiated against the user.
B. A user that is responsible, in whole or in part, for any discharge presenting
imminent endangerment shall submit a detailed written statement
describing the causes of the harmful contribution and the measures taken
to prevent any future occurrence to the Director, prior to the date of any
show cause or termination hearing under Section 10.3 and 10.8.
Nothing in this section shall be interpreted as requiring a hearing prior to any
emergency suspension under this section.
10.8 Termination of Discharge
In addition to those provisions in Section 5.6 of this ordinance, any user that
violates the following conditions of this ordinance, wastewater permit, or orders
issued hereunder, is subject to discharge termination.
A. Violation of wastewater permit conditions.
B. Failure to accurately report the wastewater constituents and characteristics
of its discharge.
C. Failure to report significant changes in operation or wastewater volume,
constituents and characteristics prior to discharge.
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D. Refusal of reasonable access to the user's premises for the purpose of
inspection, monitoring or sampling.
E. Violation of the pretreatment standards in Section 2 of this ordinance.
F. When compliance has not been met on a NIS letter. Such user will be
notified of the proposed termination of its discharge and be offered an
opportunity to show cause under this Section 10.3 of this ordinance why
the proposed action should not be taken.
SECTION 11 JUDICIAL ENFORCEMENT REMEDIES
11.1 Injunctive Relief
Whenever the user has violated a pretreatment standard or requirement, or
continues to violate the provisions of this ordinance, wastewater discharge permit
or orders issued hereunder, or any other pretreatment requirement, the Director
may petition any court of competent jurisdiction through the City Attorney for the
issuance of a temporary or permanent injunction, as appropriate, which restrains
or compels the specific performance of the wastewater discharge permit, order, or
other requirement imposed by this ordinance on activities of the industrial user.
Such other action as appropriate for legal and/or equitable relief may also be
sought by the City. A petition for injunctive relief need be filed as a prerequisite
to taking any other action against a user.
11.2 Civil Penalties
A. Any user which has violated or continues to violate this ordinance, any
order or wastewater permit hereunder, or any other pretreatment standard
or requirement shall be liable to the City for a maximum civil penalty of
$2000.00 (Two Thousand Dollars) per violation per day. In the case of a
monthly or other long-term average discharge limit, penalties shall accrue
for each day during the period of the violation.
B. The City may recover reasonable attorney's fees, court costs, and other
expenses associated with enforcement activities, including sampling and
monitoring expenses, and the cost of any actual damages incurred by the
City.
C. In determining the amount of civil liability, the court shall take into
account all relevant circumstances, including but not limited to, the extent
of harm caused by the violation, the magnitude and corrective action by
the user, the compliance history of the user, and other factor as justice
reqwres.
D. Filing a suit for civil penalties shall not be a prerequisite for taking any
other action against a user.
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11.3 Criminal Prosecution
A. Any user that willfully or negligently violates any provision of this
ordinance, any orders, or wastewater discharge permits issued hereunder,
or any other pretreatment requirement shall, upon conviction, be guilty of
a misdemeanor and, upon conviction, shall be fined a maximum sum of
$2,000.00 (Two Thousand Dollars). Each day such violation continues
shall constitute a separate offense.
B. Any user that willfully or negligently introduces any substance into the
POTW which causes personal injury or property damage shall, upon
conviction, be guilty of a misdemeanor and, upon conviction, shall be
fined a maximum sum of $2,000.00 (Two Thousand Dollars). Each day
such violation continues shall constitute a separate offense.
C. Any user knowingly making false statements, representations, or
certifications in any application, record, report, plan or other
documentation filed, or required to be maintained, pursuant to this
ordinance, wastewater discharge permit, or order, or who falsifies, tampers
with or knowingly renders inaccurate any monitoring device or method
required under this ordinance shall be deemed guilty of a misdemeanor
and, upon conviction, be fined a maximum sum of $2,000.00 (Two
Thousand Dollars). Each day such violation continues shall constitute a
separate offense.
1104 Remedies Nonexclusive
The provisions in Sections 9-12 are not exclusive remedies. The City reserves the
right to take any, all, or any combination of these actions against a non-compliant
user. Enforcement of pretreatment violations will generally be in accordance with
the City's enforcement response plan. However, the City reserves the right to
take other action against any user when the circumstances warrant. Further, the
City is empowered to take more enforcement action against any non-compliant
user. These actions may be taken concurrently.
SECTION 12 SUPPLEMENTAL ENFORCEMENT ACTION
12.1 Performance Bonds
The Director may decline to reissue a wastewater discharge permit to any user
which has failed to comply with the provisions of this ordinance, any orders, or a
previous wastewater discharge permit issued hereunder, unless such user first files
a satisfactory bond, payable to the City, in the sum not to exceed a value
determined by the Director to be necessary to achieve consistent compliance.
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12.2 Liability Insurance
The Director may decline to reissue a wastewater discharge permit to any user
which has failed to comply with the provisions' of this ordinance, any orders, or a
previous wastewater discharge permit issued hereunder, unless the user first
submits proof that it has obtained financial assurances sufficient to restore or
repair damage to the POTW caused by its discharge.
12.3 Water Supply Severance
Whenever a user has violated or continues to violate the provisions of this
ordinance, orders, or wastewater discharge permits issued hereunder, water
service to the user may be severed. Service will only be reconnected, at the user's
expense, after it has satisfactorily demonstrated its ability to comply.
1204 Public Nuisances
Any violation of this ordinance, wastewater discharge permits, or orders issued
hereunder, is hereby declared a public nuisance and shall be corrected or abated as
directed by the Director or designee. Any person(s) creating a public nuisance
shall be subject to the provisions of the City Code 1358 governing such nuisance,
including reimbursing the City for any cost incurred in removing, abating or
remedying said nuisance.
SECTION 13 AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS
13.1 Act of God.
A. Act of God. The Act of God defense constitutes a statutory affirmative
defense [Texas Water Code 7.251] in an action brought in municipal or State
court. If a person can establish that an event that would otherwise be a
violation of a pretreatment ordinance, or a permit issued under the ordinance,
was caused solely by an act of God, war, strike, riot or other catastrophe, the
event is not a violation of the ordinance or permit.
B. An industrial user who wishes to establish an Act of God Affirmative
defense shall demonstrate, through relevant evidence that:
1. An event that would otherwise be a violation of a pretreatment
ordinance or a permit issued under the ordinance occurred, and the
sole cause of the event was an act of God, war, strike, riot or other
catastrophe; and
2. The industrial user has submitted the following information to the
POTW and the City within 24 hours of becoming aware of the
event that would otherwise be a violation of a pretreatment
ordinance or a permit issued under the ordinance ( if this
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information is provided orally, a written submission must be
provided within five days),
a). a description of the event, and nature and cause of the event;
b). the time period of the event, including exact dates and times or,
if still continuing, the anticipated time the event is expected to
continue; and
c), steps being taken or planned to reduce, eliminate and prevent
recurrence of the event.
C. Burden of proof. In any enforcement proceeding, the industrial user
seeking to establish an Act of God affirmative defense shall have burden
of proving by a preponderance of the evidence that an event that would
otherwise be a violation of a pretreatment ordinance or a permit issued
under the ordinance, was caused solely by an act of God, war, strike, riot
or other catastrophe.
General/Specific Prohibitions
13.2 An industrial user shall have an affirmative defense to an enforcement action
except for those circumstances specifies in Section 2.1 A, B, and H of this ordinance
if it can proven that it did not know or have reason to know that its discharge, along
or in conjunction with discharges from other sources, would cause pass through or
interference and that either:
C. A local limit exists for each pollutant discharged and the industrial user
was in compliance with each directly prior to, and during , the pass
through or interference, or
A. No local. limit exists, but the discharge did not change substantially in
nature or constituents from the user's prior discharge when the City was
regularly in compliance with its NPDES permit, and in the case of
interference, was in compliance with applicable sludge use or disposal
requirements
SECTION 14 CONTROL OF ADMISSIBLE WASTE
14.1 Interceptors
Grease, oil, and sand interceptors shall be provided for the proper handling of
liquids wastes containing grease in excessive amounts, or any flammable wastes,
sand, and other harmful ingredients; except that such interceptors shall not be
required for private living quarters or dwellings. All interceptors shall be a type
and capacity approved by the City and shall be located to be readily and easily
accessible for cleaning and inspection.
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Grease and oil interceptors shall be constructed of impervious materials capable
of withstanding abrupt and extreme changes in temperature. They shall be
substantially constructed, watertight, and equipped with easily removable covers
which when bolted in place, shall be gas tight and watertight. Grease and oil and
sand interceptors shall be maintained by the person or permittee, at their expense,
in continuously efficient operation at all time.
14.2 Interceptor Sizing
A. Restaurants:
HR
( D ) x ( GL) x ( ST ) X ( 2 ) x (LF) = Gallon Capacity
Where:
D = Number of seats in dining areas.
GL = Gallons of waste water per meal (2.5)
ST = Storage Capacity Factor (1.7)
HR = Number of hours open
LF = Loading Factor
1.8 Freeways and Recreational Areas
0.8 Main Highways
0.5 Other highways
B. Nursing, Homes, Day Cares
( M ) x ( GL ) x ( ST ) x ( LF) = Gallon Capacity
Where:
M = Meal per day
GL= Gallons of waste water per meal (2.5)
ST = Storage Capacity Factor (1.7)
LF = Loading Factor
1.25 garbage disposal and dishwashing
1.0 without garbage disposal
.75 without dishwashing
.05 without dishwashing and garbage disposal.
C. Within sixty (60) days from the date of this ordinance, any person
discharging or desiring to discharge an industrial mixture into the public
sewers of the City, or any sewer connected, shall provide and maintain in
a suitable, accessible position on the permittee's premises, or such
premises occupied by the permittee, a sample well or manhole near the
outlet of sewer, drain, pipe, channel, or connection to the sewer or sewage
works of the City. Each such manhole or sample well shall be of such
construction and design which will prevent infiltration by ground waters
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and surface waters, and shall be so maintained by the permittee
discharging wastes so that any authorized representative, or employee of
the City may readily and safely measure the volume and obtain samples of
the flow at all times. Plans for construction of the sample welles) shall be
included with the Industrial Sewer Connection Application, and are
subject to approval by the Director.
B. Sampling of effluent or discharge may be accomplished manually, or by
the use of mechanical equipment, to obtain a composite sample which
would be representative of the total effluent. Samples shall be taken at
such intervals as to establish the BOD, and Total Suspended Solids of the
industrial waste for billing purposes, as determined by the City as
necessary to maintain a control over the discharges from the Permittee.
Additionally, such grab composite samples as deemed necessary by the
City shall be taken at such intervals as to establish the concentrations of
prohibited discharges and pretreatment standards as specified in this
ordinance. The method used in the examination of all industrial wastes to
determine BOD and Suspend solids shall be defined in 40 CFR, Part 136.
SECTION 15 INDUSTRIAL COST RECOVERY SURCHARGE
15.1 A permittee discharging industrial wastes with a BOD exceeding 250 mg/l, or a
suspend solids content of greater than 300 mg/l, or both, and meet all Sections,
may be accepted for waste water disposal provided that;
(a) The wastes will not cause damage to the collection system;
(b) The wastes will not impair the treatment process.
(c) The discharger of the waste enters into a contractual agreement with the
Control Authority providing for a surcharge over and beyond the normal
sewer rate. The surcharge for industrial discharge is to be calculated as
follows:
ISS = (BOD +
250
TSS) x
300
(0 &M cost) x
(VOL) ;
ISS = represents Industrial Waste Surcharge in Dollars;
BOD represents the Biochemical Oxygen Demand in milligram per liter
(mg/l). Note: Concentration less than or equal to 250mg/1 will be
considered a value of zero.
TSS represents Suspended Solids in milligram per liter (mg/l)
Note: Concentration less than zero or equal to 300mg/l will be considered
a value of zero.
O&M Cost represents operation and maintenance cost of POTW
wastewater treatment facility. Note: This cost is determined and updated
by the City periodically.
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VOL represents Volume Discharged in Thousand of Gallons. The volume
of waste shall be determined by the same methods used to calculate the
normal sewer service charge, or by a sewage flow meter that has been
approved by the Director and purchased, installed, and maintained by the
permittee.
All flow rates, BOD, Total Suspended Solids and 0 & M values used in
the determination of the surcharge shall be reevaluated at least on an
annual basis.
d. The industrial waste surcharges provided for in this ordinance shall be
included as a separate item on the regular bill for water and sewer charges
and shall be paid monthly in accordance with the existing practices.
Surcharges shall be paid at the same time that the sewer charges of the
permittee become due and payment for sewer services shall not be
accepted without payment also of sewer surcharges.
SECTION 16 MISCELLANEOUS PROVISIONS
16.1 Pretreatment Charges and Fees
The City may adopt reasonable charges and fees for reimbursement of costs of
setting up and operating the Pretreatment Program, which may include:
A. Fees for wastewater discharge permit applications including the cost of
processing such applications;
B. Fees for monitoring, inspection, and surveillance procedures including the
cost of collection and analyzing an industrial user's discharge, and
reviewing monitoring reports submitted by industrial users;
C Fees for reviewing construction plans and responding to accidental
discharges;
D. Fees for filing appeals;
E. Other fees as the City may deem necessary to carry out the requirements
of its pretreatment program. These fees related solely to the matters
covered by this ordinance and are separate from all other fees, fines and
penalties chargeable by the City.
Section 2. Appendix B, Chapter 74, "Utilities", Article II, Industrial Waste, is
hereby amended, and shall hereafter read as follows, to-wit:
"Article II. INDUSTRIAL WASTE
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(a) Fine for violations of
Sections 11.3(A); 11.3(B); and 11.3(C)........$2,000.00"
Section 3. If any section, sentence, phrase, clause, or any part of any section,
sentence, phrase, or clause, of this ordinance shall, for any reason, be held invalid, such
invalidity shall not affect the remaining portions of this ordinance, and it is hereby declared
to be the intention of this City Council to have passed each section, sentence, phrase or
clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or
clause, or part thereof, may be declared invalid.
Section 4. All ordinances and parts of ordinances inconsistent, or in conflict, with
this ordinance are hereby repealed, to the extent of such conflict only. Chapter 74, Utilities,
Article II, Industrial Waste, Sections 74-36 through 74-58, both inclusive, as codified in the
Code of Ordinances of the City of La Porte, are expressly repealed as of the effective date
hereof; provided, however, the City of La Porte reserves all rights and remedies which may
have accrued to the City of La Porte for offenses which may have occurred prior to the
effective date of the repeal of said ordinances.
Section 5. The City Council of the City of La Porte shall review this ordinance at
least once every three (3) years; provided, however, the failure of the City Council of the
City of La Porte to so review this ordinance shall not affect the validity of this ordinance.
Section 6. This ordinance shall be effective fourteen (14) days after its passage and
approval. The City Secretary shall give notice of the passage of this ordinance by causing
the caption hereof to be published in the official newspaper in the City of La Porte at least
twice within ten (10) days after the passage of this ordinance.
Section 7. The City Council officially finds, determines, recites, and declares that a
sufficient written notice of the date, hour, place and subject of this meeting of the City
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Council was posted at a place convenient to the public at the City Hall of the City for the
time required by law preceding this meeting, as required by the Open Meetings Law,
Chapter 551, Texas Government Code; and that this meeting has been open to the public as
required by law at all times during which this resolution and the subject matter thereof has
been discussed, considered and formally acted upon. The City Council further ratifies,
approves and confirms such written notice and the contents and posting thereof.
PASSED AND APPROVED this J!l!a..y of ~ 2003.
CI OFLAPORTE
By:
A TIEST:
a A. Gillett
City Secretary
AP~td~
Knox W. Askins
City Attorney
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EXECUTIVE SUMMARY
INDUSTRIAL WASTE ORDINANCE
An Industrial Waste Survey of all of the commercial and industrial establishments in La
Porte was performed in 2000 as a requirement of the City of La Porte's Wastewater
Treatment Plant Texas Pollutant Discharge Elimination System discharge permit
administered by the Texas Commission on Environmental Quality (TCEQ). The survey
results were forwarded to the TCEQ. The survey indicated there were seven (7)
Significant Industrial Users discharging into the city sewer system. (A Significant
Industrial User is an industry which discharges an average of more than 25,000 gallons
per day of process wastewater into the city sewer system.) Of these seven, four (4)
industries were determined to be Categorical Industrial Users. (A Categorical Industrial
User discharges or has the potential to discharge pollutant(s) which are regulateq by the
United States Environmental Protection Agency.) Several Non-Significant Industrial
Users also discharge into the sewer system. (A Non-Significant Industrial User
discharges in lower quantities usually with non-significant discharges; however, these
industries have the potential for discharging pollutants and must be permitted and
monitored. )
For the above reasons and due to the Upper Galveston Bay section into which the City of
La Porte Wastewater Treatment Plant discharges its effluent being placed on the Clean
Water Act of 1999 List of Impaired Water Bodies, the City of La Porte is required to
develop and implement a fully approved Pre-Treatment Program. In order to be
approved, the City must have an Industrial Waste Ordinance meeting all of the
requirements of the Federal and State agencies. This ordinance must give the City the
authority to administer the program and list the penalties of non-compliance. An
ordinance was developed and approved by City Council on March 19, 2001 and
submitted, along with a formal Program submission, to the TCEQ in April 2001.
The TCEQ notified the City on May 12, 2003 that it had reviewed the City's Progranl
submission and that several portions of the Ordinance and Program needed revisions
because:
1. Specific authority provided by the ordinance was inconsistent with current federal
regulations; or
2. Changes were recommended to strengthen of clarify the City's ordinance.
The proposed ordinance would repeal the existing ordinance Chapter 74, Utilities, Article
II, Industrial Waste, Sections 74-36 through 74-211, both inclusive as codified in the City
of La Porte Code of Ordinances. Additionally, the TCEQ requires a "Funding
Resolution" by the governing body to ensure that adequate funding is provided for the
operation and maintenance of the City's Pretreatment Program for the protection of the
City's treatment works, personnel; and the public. The City has operated a pretreatment
program since the early 1980's, and has funded the operation and maintenance since that
time.
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Proposed changes from the 200 I ordinance to the proposed ordinance are:
. Section 1.3 - Definitions
o 1.3(1) - Composite Sample - Revised the definition to include more details, as
defined in CFR Part 403, Appendix E.
o 1.3(0) - Grab Sample - Revise the definition to be consistent with 40 CFR
Part 403, Appendix E.
o 1.3(P) - Indirect Discharge or Discharge - Remove the last sentence of the
definition.
o 1.3(Q) - Industrial User or User - Revise the definition to be consistent with
40 CFR ~403.3(h).
o 1.3(R) - Industrial Waste Questionnaire - Replace "applicants" with
"potential industrial users" and replace "placed" with "documented" for
clarification.
o 1.3(U)(2) - Interference - Revise definition to be consistent with 40 CFR
~403.3 (i).
o 1.3(X)(3)(a)(i) - New Source - Revise definition to be consistent with 40 CFR
~403.3(k).
o 1.3(Z) - Non Significant User - Remove definition - definition of industrial
user includes any source of indirect discharge.
o 1.3(GG) - Pretreatment Requirements - Add the word "national" before the
phrase "pretreatment standard'.
o 1.3(JJ) - Publicly Owned Treatment Works (POTW) - Revise the definition
to be consistent with 40 CFR ~403.3(0).
o 1.3 (MM)(b)(i) - Significant Industrial User (SIU) - Add the phrase
"(excluding sanitary, non-contact cooling, and boiler blowdown wastewater)"
to the end of the definition.
o 1.3(MM)(b)(ii) - SIU - Replace the word "plant" with "POTW" for
clarification.
o 1.3(MM)(b)(iii) SIU - Replace the word "City" with the phrase "CA as
defined in 40 CFR 9403.12(a)" and insert after the word "requirement" the
reference "(in accordance with 40 CFR ~403.8(f)(6))" to be consistent with 40
CFR ~403.3(t)(ii).
o 1.3(SS) - Toxic Pollutant - Add at the end of the definition "or any other
State regulated pollutant."
o 1.3(TT) - Treatment Plant Effluent - Add the phrase "and/or U.S." to the end
of the definition.
o Additional definition - Add the definition for "Control Authority" according
to 40 CFR ~403.12(a) and refer to the "City of La Porte" as the PTOW with
an approved pretreatment program.
o Section 2.1 (E) - Prohibitive Discharge Standards - Replace the temperature
measurement with 104 degrees Fahrenheit.
o Section 2.1(R) - Prohibitive Discharge Standards - Replace the phrase
"approving authority" with "Control Authority".
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o Section 2.3(a) - Local Limits - Replace the citation in the first line with "40
CFR ~403.8(f)(2)". Revise the final portion of the sentence to read "enforce
specific limits, which are listed in subsection (c) of this section."
o Section 4.5 - Wastewater Discharge Permit Application Contents - Revise the
fourth bullet point to specify that the production rate must be specified as an
annual rate if the industry is subject to production based standards.
o Section 5.2(A)(3) - Wastewater Discharge Permit Contents - Revise the
statement of details to those specified in 40 CFR ~403.8(f)(l)(iii)(C) which
includes general pretreatment standards, categorical pretreatment standards,
local limits, and federal, State and local law.
o Section 5.2(A)(4) - Wastewater Discharge Permit Contents - Revise the
statement of details to those specified in 40 CFR ~403.8(f)(l)(iii)(D)
o Section 6.1 (A) - Baseline Monitoring Reports - Revise the first reference of
paragraph B to read "(B)(1-7)" and the second reference to paragraph B to
read "(B)(l-5)". Add the phrase "and sources that become industrial users
subsequent to the promulgation of an applicable categorical standard, shall
be".
o Section 6.7 - Reports from Non-Significant Industrial Users - Replace the
title phrase "non-significant" with "non-categorical". Add the elements found
in 40 CFR ~403.12(h) which include reporting requirements for Industrial
Users not subject to categorical treatment requirements.
o Section 6.11 (A) - Sample Collection - Replace the term "flow proportional
composite" with "24-hour flow proportional composite".
o Section 9 - Publication of Industrial Users in Significant Violation - Replace
the word "violation" with "Noncompliance".
o Section 13-1 - Upset - Revise the ordinance and SIU permits to remove any
provision providing that an "upset" is an affirmative defense with the Act of
GO statutory affirmative defense. Incorporate the Act of God affirmative
defense, according to Texas Water Code ~ 7.251 into the ordinance and SIU
permits.
o Section 13.3(D) - Bypass - Replace "POTW" with "Control Authority".
e
e
City of La Porte
CITY SECRETARY'S OrFICE
PO Box 1115
La Porte, Texas 77571
Phone: 281-471-5020 ext. 221
Fax: 281-842-1839
Fax
To: John Black/Bayshore Sun
Fax: 281-471-5763
Phone: 281-471-1234
From City Secretary Office ~ 0 $-
Date: 7/29/03 ~.~1 '
Pages: 2
Re: Ordinances for Publishing
Urgent
For Review
Please Comment Please Reply
x Please Recycle
Please publish the attached ordinance twice in the paper.
This coming Sunday 8/3/03 and Wednesday 8/6/03.
Thanks,
Sharon
tit
e
PUBLIC NOTICE
ORDlNANCE 2003-2642
CONSIDER APPROVAL OR OTHER ACTION RI;GARDIN.G AN ORDINANCE AMENDING
CHAPTER 74 .UTILlTIES", ARTICLE II, "INDUSTRIAL WASTE", OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE, SAID ARTICLE BEING THE INDUSTRIAL WASTE
ORDINANCE OF THE CITY OF LA PORTE, REGULATING THE DISCHARGE OF INDUSTRIAL
WASTE INTO PUBLIC SEWERS OF THE CITY OF LA PORTE, TEXAS PROMULGATING
REGULATIONS AND ESTABLISHING CHARGES FOR SERVICES RENDERED; PROVIDING
THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED
GUILTY OF A MISDEMEANOR AND SHALL UPON CONVICTION BE FINED NOT TO EXCEED
TWO THOUSAND DOLLARS ($2, 000.00), AS PROVIDED IN APPENDIX B OF THE CODE OR
ORDINANCES OF THE CITY LA PORTE; EACH DAY OF VIOLATION SHALL BE DEEMED A
SEPARATE OFFENSE; CONTAINING SEVERABILITY AND REPEALING CLAUSES; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE
HEREOF
CITY OF LA PORTE
s/Norman L. Malone, Mayor
ATTEST:
sIMartha A. Gillett, City Secretary
APPROVED:
s/Knox W. Askins, City Attorney
--
-
Fax History Report for
city of Ia porte
281-471-7168
Jut 29 2003 4:44pm
HP OfficeJet
Personal' Printer/Fax/Copier/Scanner
Last Fax
~ Time
~
Identification
Duration ~ &sYlt
Jul 29 4:43pm Sent
2814715763
0:49
2
OK
Result:
OK - black and white fax
OK color - color fax
.
.
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
~
Approoriation
Requested By: S. Gillett
Source of Funds: Nt A
Department: Public Works
Account Number: NtA
Report:
Resolution:
Ordinance: XX
Amount Budgeted'N/A
Exhibits:
Executive Summary
Amount Requested:
Ordinance
Rm)JJeted Item:
N/A
Exhibits:
Exhibits:
SUMMARY & RECOMMENDATION
An Industrial Waste Survey of all of the commercial and industrial establishments in La Porte was
performed in 2000 as a requirement of the City of La Porte's Wastewater Treatment Plant Texas Pollutant
Discharge Elimination System discharge permit administered by the Texas Commission on
Environmental Quality (TCEQ). The survey results were forwarded to the TCEQ. The survey indicated
that the City was required to develop and implement a formal Industrial Waste Pretreatment Program. On
March 19,2001, the City Council approved Ordinance No. 2001-2474, which met all requirements for the
Program. The Program was developed and submitted to the TCEQ in April of2001 for consideration.
The TCEQ notified the City on May 12,2003 that it had reviewed the City's April 2001 submission and
that several portions of the Ordinance and the Program needed revisions because: (I) specific authority
provided by the ordinance is inconsistent with current federal regulations; or (2) recommended to
strengthen or clarify the City's ordinance. Additionally, the city's program submission for
implementation and enforcement of the ordinance was not detailed to the degree required.
The proposed ordinance will repeal Chapter 74, "Utilities", Article II, "Industrial Waste", Sections 74-36
through 74-211 of the Code of Ordinances and replace with a new Chapter 74, "Utilities", Article II,
"Industrial Waste", of the Code of Ordinances.
Action Reauired bv Council: Approve new ordinance.
1./ d. ~./ ()3
Date